Terms and conditions

Virgin Media WiFi Terms & Conditions

Terms and Conditions of Use

These terms and conditions set out the agreement between you ('you', 'the customer' or 'your') and Virgin Media Limited ('us', 'we' or 'our').

Your use of the Virgin Media WiFi Service (“services”) will be governed by the terms of this agreement.

About the Services

1. This agreement sets out the terms and conditions of use of the services. You must consent to these terms and conditions to be able to use the services.

2. As well as these terms and conditions, your use of the services is subject to other legal stuff which applies to the services which will be published from time to time on our website. For example, we may introduce an acceptable use policy, which would provide further details on how the services can be used. We may also take measures to help us prevent fraud and to ensure that excessive use of the services by some users does not prevent other users of the service from enjoying the services.

3. The services that we provide to you is the ability to access the internet and send and receive data through our wireless broadband network and third party networks from time to time.

4. We reserve the right to monitor and control data volume and/or types of traffic transmitted via the services.

Using the Service

5. The service starts when you first connect to a Virgin Media or third party access point.

6. You are responsible for ensuring that any equipment that you use to access the service meets the minimum requirements and is suitable for use with the service and is adequately protected against viruses and malware

7. The service may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control.

8. You shall ensure that you use the services in a reasonable manner and do not abuse the services. You accept that Virgin Media may restrict your ability to use the services if you use the services in an unreasonable and/or excessive manner.

9. You are wholly responsible for your use of the service. You accept that we have no control over the information transmitted via the service and will not be responsible for such information. Except as expressly specified otherwise in this agreement, we do not examine the use to which you put the service or the nature of the information you send or receive. We have no obligation to compensate you for such information and/or such use.

10. You accept that Virgin Media has the right to restrict access to any inappropriate content on the service, such as adult and illegal content. You hereby agree not to access or attempt to access such adult or illegal content using the service.

11. We cannot guarantee that the service will be uninterrupted and/or will be continuously available. We will aim to provide you with the best service possible, but we will not be liable for any interruptions, reception, picture degradation or any other problems that are beyond our control. We do not guarantee that the service will be compatible with your equipment or any software that you may use.

12. You are responsible for the way the services are used. You must not do any of the following acts or allow anyone else to do the following acts via your device in relation to the services:

a) Send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;

b) Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;

c) Perform any illegal activity;

d) Break, or try to break, the security of anyone else's equipment, hardware or software;

e) Deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);

f) Upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner;

g) You must not use the service in a manner that will or is likely to adversely affect how we provide the service to you or any of our customers.

13. You must, at all times, ensure that the way you use the services does not break the law or the rights of any other person.

14. If we reasonably believe that you have breached Clause 12 of this Agreement or that you have misused the service in any way, we may take immediate action to deny you (or anyone else using your account details) access to the service without any further notice to you.

15. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with your misuse of the services under this agreement and you must repay to us in full any costs and/or losses of which we may suffer as a result of such misuse.

16. Some parts of the services enable you to access third party content and services (some of which may require you to accept additional terms and which may be subject to fees), and you agree that we are not responsible for any such third party content or services.

17. We do not guarantee the security of the services and you hereby agree to use the services at your own risk. You shall ensure that you have adequate security to prevent unlawful access to or use of the services, access to your computing equipment or disclosure of confidential information.

18. You hereby accept that we do not guarantee nor are we responsible for, the security, integrity and confidentiality of the information, files and data that you exchange or may wish to exchange.

Services available to Virgin Media Broadband and Virgin Mobile Subscribers

19. Existing Virgin Media broadband customers who have not opted out of the Virgin Media WiFi service and all Virgin Mobile customers will be able to access the services by configuring their device using their existing Virgin Media password to sign in to access the services. Mobile users can access the service by way of the Virgin Media WiFi application. This will use details from the Mobile SIM card to access to service.

20. Access to the services is included as part of a customer’s subscription to Virgin Media Residential broadband services and/or as part of a customer’s Virgin Mobile pay monthly contract or Pay As You Go contract.

As a Virgin Media residential broadband customer, your Super Hub must be opted in and the broadband service must be active. If your Super Hub has been set to modem-only mode or to 5Ghz-only mode, this Super Hub will be opted out of the service and you will no longer be able to access the Virgin Media WiFi service elsewhere.

21. Virgin Mobile Pay As You Go customers will require a valid ‘Your Account’ account and will have to have topped up at least £10 in the last 30 days in order to be able to access the services.

22. The service will be available until such time where WiFi connection is lost, until such time that you disconnect from the service or you are disconnected by Virgin Media. You will not be able to access the services if your account is in arrears or if your account has been classified as bad debt.

Your details and how they are looked after

23. By using the services you are providing your consent to use your personal information together with other information for the following purposes:

a) profiling your usage and viewing;

b) personalising your experience of the services based on your usage and viewing profile; and

c) improving and developing the service.

24. We will share with third parties information about your use of the services in an aggregated form which will not personally identify you. This aggregated data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).

25. Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.

26. We will only use your data in line with the Data Protection Act 1998.

27. We will not pass on your personal information to third parties except in accordance with this agreement or where we are required to disclose that information in order to comply with any legal or regulatory requirements.

Liability to You

28. Our liability to you is limited as set out in this agreement.

29. We will not be liable to you for:

a) any direct loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, use, business, wasted expenditure, loss arising from disclosure of confidential information, loss arising from or in connection with the use of the service or inability to use or access the service that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage;

b) any indirect loss or any loss which is not a reasonably foreseeable consequence of Virgin Media's negligence or breach of these terms and conditions (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);

c) lost or destroyed data or software; or

d) any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss.

30. We are not responsible for any misuse of your username and/or where applicable, your password.

31. We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the services, or for transmitting or receiving, or failure to transmit or receive, any material through the services.

32. If you deal with any other individuals or organisations using the services (for example, by buying or renting goods or services from them or ordering goods from them using the services), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.

33. We will not be liable to you for the contents of any material from other individuals and/or organisations which may be accessed through the services. We also reserve the right to block access to any such material.

34. Virgin Media restricts or excludes liability to you for:

a) death or personal injury resulting from our own (or our agents' or contractors') negligent act or failure to act;

b) direct physical damage to your personal property up to £10,000 for any one event or series of connected events where the damage arises from Virgin Media’s own (or our agents' or contractors') negligence.

Matters beyond our reasonable Control

35. Virgin Media Limited will not be liable for failing to do what it promised under this agreement if it is prevented from doing so by something outside its reasonable control which will include (but is not limited to) lightning, flood or severe weather conditions, fire or explosion, civil disorder, damage or vandalism to our network or equipment, terrorist activities, war, actions of local or national governments or other authorities, or industrial dispute.

General

36. This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our written agreement. For business reasons we may transfer any of our rights and responsibilities under this agreement without your permission.

37. Sometimes, we will need to change the terms and conditions of the service and will publish such changes on the Virgin Media website. It is your responsibility to be aware of such changes by checking our website.

38. This agreement will be governed by English law is subject to the non-exclusive jurisdiction of the English courts.

WiFi App Terms of Service EULA

These terms and conditions set out the End User Licence Agreement for the Virgin Media (“Virgin”, “our” or “we”) WiFi sharing application (the “WiFi App”).

Please read these Terms of Service (the “Terms”) and our Privacy Policy (www.virginmedia.com/privacy) carefully because they govern your access to and use of the Virgin Media WiFi service, including an application component thereof that enables you to configure, access and use of the various features of the Service. are collectively called the “Services”.

Agreement to Terms

Virgin Media is willing to allow you to access and use the Services only upon the condition that you agree to be bound by the Terms. To indicate that you agree to be bound by these Terms, click on “Accept” or “I Agree” or on a similar prompt that is displayed. If you do not indicate your agreement to accept these terms and conditions, you will not be able to complete the sign up process and will not be able to use the Service. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Upon your acceptance of these Terms the Services will work automatically and you will be deemed a “a Subscriber”.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Virgin Media website, or through other communications, such as sending a message to you via the WiFi App. If you set your mobile device not to receive messages, if we modify the Terms we will temporarily override your setting to enable you to receive our message and, once we confirm that you have received our message, we will restore your original setting. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Virgin Media and are not barred from using the Services under applicable law.

Device Registration: When you access the WiFi App for the first time the WiFi App will register your mobile device by collecting and storing on Virgin Media’s server, the mobile device’s phone number (MSISDN) after confirming that it is a Virgin Media mobile device. A WiFi profile for Virgin Media WiFi is then created on your device in order for that device to be able to access the services. The MSISDN enables Virgin Media to associate or track the device and its interactions with our Services and is necessary for our Services to function.

Description of Services

Virgin Media WiFi Service -
The primary feature of the Services is to enable users of mobile and other devices to have their devices automatically connect to a network of Virgin Media WiFi hotspots (the “Network”). When you purchased your mobile device the WiFi App may have been pre-installed. If the WiFi App was not pre-installed you can download it from an app store or distribution platform such as Google Play or the Amazon App Store. In either case, the WiFi App will be activated when you accept these Terms in accordance with the provision “Agreement to Terms” above.

Privacy Policy

Please refer to our Privacy Policy (www.virginmedia.com/privacy) for information on how we collect, use and disclose information from WiFi App Subscribers, including you.

Rights and Terms for WiFi App

Subject to your compliance with these Terms, Virgin Media grants you a limited non-exclusive, non-transferable, license to download and install a copy of the WiFi App on a device that you own or control and to run such copy of the WiFi App solely for your own personal and non-commercial purposes. Virgin Media reserves all rights in and to the WiFi App not expressly granted to you under these Terms. You may not: (i) copy, modify, or create derivative works based on the WiFi App; (ii) distribute, transfer, sublicense, lease, lend, or rent the WiFi App to any third party; (iii) reverse engineer, decompile, or disassemble the WiFi App; or (iv) make the WiFi App available to multiple users through any means.

General Prohibitions

You agree not to do any of the following:

1. Post any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity, or privacy; (ii) violates, or encourages, any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

2. Use, display, mirror, or frame any element of the Services, our name, any of our trademarks, logos, service marks (including but not limited to “Virgin Media”, the “Virgin Media” logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

3. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;

4. Attempt to access or search the Services (including, but not limited to, unauthorized access to user names, passwords, email addresses, and other personally-identifying information) through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by us or other generally-available third party web browsers;

5. Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

6. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or any data related to any Wi‑Fi hotspot within the Network or the connectivity thereto or attempt to determine any portion of the source code or any trade secrets with respect to the Services, or prepare any derivative works of the Services;

7. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

8. Impersonate or misrepresent your affiliation with any person or entity;

9. Violate any applicable law or regulation; or

10. Encourage or enable any other individual to do any of the foregoing.

We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Services, but have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

DMCA/Copyright Policy

We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances account holders or subscribers who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We reserve the right, at our sole discretion, to modify, terminate or discontinue the Services, at any time and without prior notice. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel the Services at any time by: (i) uninstalling the WiFi App from your mobile device; or (ii) disabling the WiFi App through the “Settings” feature of your mobile device. If you cancel the Services and have paid fees to any such carrier, operator or other provider for the Services, or fees are payable for the Services, your entitlement to a refund of such fees and your obligation with respect to any such fees that are payable will be determined solely by the terms of your agreement with the carrier, operator or other provider, as applicable, and Virgin Media will have no responsibility or liability of any kind related thereto. Upon any termination or discontinuation of the Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Without limiting the foregoing, Virgin Media makes no warranty regarding the uptime, availability or reliability of the Services.

Indemnity

You will indemnify and hold harmless Virgin Media and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) your breach or violation of these Terms; or (iii) any alleged or actual breach or violation of any agreements, terms of service, policies or rights of any third party, including without limitation any breach of violation of the end user license agreement.

Limitation of Liability

NEITHER VIRGIN MEDIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS DOES NOT EFFECT YOUR STATUTORY RIGHTS.

Dispute Resolution

Governing Law
These Terms and any action related thereto will be governed by the laws of England and Wales.

Agreement to Arbitrate
You and Virgin Media agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Virgin Media and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Virgin Media and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Virgin Media’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Virgin Media may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any notices or other communications provided by Virgin Media under these Terms, including those regarding modifications to these Terms, will be given: (i) by posting to the Virgin Media Site; or (ii) by a message sent by Virgin Media to you via the WiFi App.

Virgin Media’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Virgin Media. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

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